AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Judges

ALBERT W. MILLER, Respondent, v. EDWARD ROESLER and Others, as Copartners Doing Business under the Firm Name of LAIDLAW COMPANY, and HUGH P. WINSLOW, Appellants. (Appeals No. 1 and No. 2.)

PER CURIAM.

In the light of the documentary proof, the other evidence in the case, and the inherently improbable story of plaintiff, the jury's verdict was contrary to the weight of the credible evidence. The judgment in favor of the plaintiff should, accordingly, be reversed and a new trial ordered.

We think, too, that, in the exercise of its discretion, the court should have granted the motion for a new trial upon the ground of newly-discovered evidence. However, in view of our disposition of the appeal from the judgment, it becomes unnecessary to pass upon the appeal from the order denying that motion.

The judgment should be reversed and a new trial ordered, with costs to the appellants to abide the event. The appeal from the order denying the motion for a new trial upon the ground of newly-discovered evidence should be dismissed, without costs.

PER CURIAM.

In Appeal No. 1: Judgment unanimously reversed and a new trial ordered, with costs to the appellants to abide the event.

In Appeal No. 2: Appeal from order unanimously dismissed, without costs.

Use AI to get other relevant cases.

Comments

MILLER v. ROESLER
(Jun 10, 1938)